Universal terms
of service for Hostsistemas, LLC
This Agreement ("Agreement") is by and between Hostsistemas,
LLC. (" Hostsistemas ") an Florida Corporation
and You, and is made effective as of the date
of electronic execution. This Agreement sets forth
the terms and conditions of Your use of Hostsistemas
services (“Services”) and explains Hostsistemas
obligations to You and Your obligations to Hostsistemas
in relation to the Services You purchase.
This Agreement as well as any additional Hostsistemas policies,
together with all modifications thereto, constitute
the complete and exclusive agreement between You and Hostsistemas
concerning Your use of Hostsistemas Services,
and supersede and govern all prior proposals, agreements,
or other communications. All Hostsistemas policies
and agreements specific to particular Service
are incorporated herein and made part of this Agreement
by reference, including the dispute policy (“UDRP”). By purchasing Hostsistemas Services,
You acknowledge that You have read, understood, and
agree to be bound by all terms and conditions of this
Agreement and any other policies or agreements made
part of this Agreement by reference, as well as any
new, different or additional terms, conditions or
policies which Hostsistemas may establish from
time to time, and any agreements that Hostsistemas
is currently bound by or will be bound by in the future.
In addition to transactions entered into by You on
Your behalf, You also agree to be bound by the terms
of this Agreement for transactions entered into on
Your behalf by anyone acting as Your Agent, and transactions
entered into by anyone who uses the account You've
established with Hostsistemas , whether or not
the transactions were in Your behalf. You acknowledge
that Hostsistemas acceptance of any application
made by You for Services provided by Hostsistemas
will take place at the Internet Corporation for Assigned
Names and Numbers ("ICANN") accredited registrar's
offices located in Miami, Florida, USA.
A. GENERAL TERMS APPLICABLE TO ALL SERVICES
1.TERM OF AGREEMENT; MODIFICATIONS.
You agree that Hostsistemas may modify this Agreement
and the Services from time to time. You agree to be
bound by any changes Hostsistemas may reasonably
make to this Agreement when such changes are made.
If You have purchased Services from Hostsistemas
, the term of this Agreement shall continue in full
force and effect as long as You take advantage of
and use the Services. In the event You terminate Your
usage, Hostsistemas will not refund any amounts
You have paid. You agree that Hostsistemas shall
not be bound by any representations made by third
parties who You may use to purchase Services from Hostsistemas
, and that any statement of a general nature, which
may be posted on Hostsistemas Web site or contained
in Hostsistemas promotional materials, will not
bind Hostsistemas . Hostsistemas may, at
times, offer certain promotions with different charges
and features.
You agree that You will be responsible for notifying Hostsistemas
should You desire to terminate Your use of Hostsistemas
Services. Notification of Your intent to terminate
must be provided to Hostsistemas no earlier than
10 days prior to Your billing date but no later than
three days prior to Your billing date.
2. ACCURATE INFORMATION.
You agree to maintain accurate information by providing
updates to Hostsistemas , as needed, while You
are using Hostsistemas Services. You agree You
will notify Hostsistemas within five (5) business
days when any change of the information You provided
as part of the application and/or registration process
changes. Failure by You, for whatever reason, to respond
within five (5) business days to any inquiries made
by Hostsistemas to determine the validity of
information provided by You will constitute a material
breach of this Agreement.
You agree that Hostsistemas may use and rely
on any such information provided by You for all purposes
in connection with Your Services, subject to Hostsistemas
Privacy. If You provide any information that is inaccurate,
not current, false, misleading or incomplete, or if Hostsistemas
has reasonable grounds to suspect that Your information
is inaccurate, not current, false, misleading or incomplete, Hostsistemas
has the absolute right, in its sole discretion, to
terminate its Services and close your account.
3. PRIVACY.
You can view Hostsistemas Privacy Policy which
is incorporated herein by reference, as it is applicable
to all Company Services. The Privacy Policy provides
Your rights and Company’s responsibilities with regard
to Your personal information. Company will not use
Your information in any way inconsistent with the
purposes and limitations provided in the Privacy Policy.
4. ACCOUNT SECURITY.
You agree You are entirely responsible for maintaining
the confidentiality of Your password and account information.
You agree You are entirely responsible for any and
all activities that occur under Your account. You
agree to notify Hostsistemas immediately of any
unauthorized use of Your account or any other breach
of security. You agree Hostsistemas will not
be liable for any loss that You may incur as a result
of someone else using Your password or account, either
with or without Your knowledge. You further agree
You could be held liable for losses incurred by Hostsistemas
or another party due to someone else using Your account
or password. For security purposes, You should keep
account access information in a secure location and
take precautions to prevent others from gaining access
to Your user name and password. You agree that You
will be responsible for all activity in Your account,
whether initiated by You, or by others on Your behalf,
or by any other means. Hostsistemas specifically
disclaims liability for any activity in Your account,
whether authorized by You or not.
5. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of Your use of Hostsistemas Services,
You agree not to use them for any purpose that is
unlawful or prohibited by these terms and conditions,
and You agree to comply with any applicable local,
state, federal and international laws, government
rules or requirements. You agree You will not be entitled
to a refund of any fees paid to Hostsistemas
if, for any reason, Hostsistemas takes corrective
action with respect to Your improper or illegal use
of its Services.
Hostsistemas reserves the right at all times
to disclose any information as Hostsistemas deems
necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit,
refuse to post or to remove any information or materials,
in whole or in part, in Hostsistemas sole discretion.
If You have purchased Services, Hostsistemas
has no obligation to monitor Your use of the Services. Hostsistemas
reserves the right to review Your use of the Services
and to cancel the Services in its sole discretion. Hostsistemas
reserves the right to terminate Your access to the
Services at any time, without notice, for any reason
whatsoever.
Hostsistemas reserves the right to terminate
Services if Your usage of the Services results in,
or is the subject of, legal action or threatened legal
action, against Hostsistemas or any of its affiliates
or partners, without consideration for whether such
legal action or threatened legal action is eventually
determined to be with or without merit. Hostsistemas
may review every account for excessive space and bandwidth
utilization and to terminate or apply additional fees
to those accounts that exceed allowed levels.
Except as set forth below, Hostsistemas may
also cancel Your use of the Services, after thirty
(30) days, if You are using the Services in association
with spam or morally objectionable activities. Morally
objectionable activities will include, but not be
limited to: activities designed to defame, embarrass,
harm, abuse, threaten, slander or harass third parties;
activities prohibited by the laws of the United States
and/or foreign territories in which You conduct business;
activities designed to encourage unlawful behavior
by others, such as hate crimes, terrorism and child
pornography; activities that are tortuous, vulgar,
obscene, invasive of the privacy of a third party,
racially, ethnically, or otherwise objectionable;
activities designed to impersonate the identity of
a third party; illegal access to other computers or
networks (i.e., hacking); distribution of Internet
viruses or similar destructive activities; and activities
designed to harm minors in any way. Notwithstanding
anything to the contrary herein, in the event Hostsistemas
cancels Your Services during the first thirty (30)
days after You purchase the Services, You will receive
a refund of any fees paid to Hostsistemas in
connection with the Services being canceled. In the
event Hostsistemas deletes Your Services because
they are being used in association with spam or morally
objectionable activities, no refund will be issued.
You agree You will not be entitled to a refund of
any fees paid to Hotsistemas if, for any reason, Hostsistemas
takes corrective action with respect to Your improper
or illegal use of its Services.
NO SPAM; LIQUIDATED DAMAGES.
You agree Hostsistemas may immediately terminate
any account which it believes, in its sole discretion,
is transmitting or is otherwise connected with any
spam or other unsolicited bulk email. In addition,
if actual damages cannot be reasonably calculated
then You agree to pay Hostsistemas liquidated
damages of $1 for each piece of spam or unsolicited
bulk email transmitted from or otherwise connected
with Your account, otherwise You agree to pay Hostsistemas
actual damages. You acknowledge You have read and
understand and agree to be bound by the terms and
conditions of Hostsistemas Anti-spam Policy,
available here . Such terms and conditions are applicable
to the use of all Hostsistemas Services and are
incorporated herein.
6. INTELLECTUAL PROP.
You agree that Hostsistemas or its licensor holds
all rights, title and interest in all Services and
all intellectual property, including other rights
related to intangible property, unless otherwise indicated.
You acknowledge that no title or interest in such
Intellectual Property Rights is being transferred
to You and You agree to make no claim of interest
in any such Services or Software.
You understand and agree that all content and materials
contained in this Agreement, other policies, the Hostsistemas
Web site, and any affiliated Web sites, are protected
by the various copyright, patent, trademark, service
mark and trade secret laws of the United States, as
well as any other applicable proprietary rights and
laws, and that Hostsistemas or its licensor expressly
reserves its rights in and to all such content and
materials. You further understand and agree that You
are prohibited from using, in any manner whatsoever,
any of the content or materials described above without
the express written permission of Hostsistemas
or its licensor. No license or right under any copyright,
patent, trademark, service mark or other proprietary
right or license is granted to You or conferred upon
You by this Agreement or otherwise.
7. USE OF HOSTSISTEMAS SOFTWARE.
If You have licensed software from Hostsistemas, Hostsistemas
grants You a limited, non-exclusive, nontransferable
and non-assignable license to use the software for
such purposes as are ordinary and customary. You are
free to use the software on any computer, but not
on two or more computers at one time.
You agree to not alter or modify the Software. You
agree You are not authorized to combine the Software
with any other software program, create derivative
works based upon the Software, nor are You authorized
to integrate any plug-in or enhancement which uses
or relies upon the Software. You further agree not
to reverse engineer, decompile or otherwise attempt
to uncover the source code.
Hostsistemas serves all rights to the Software. The
Software and any copies You are authorized to make
are the intellectual property of Hostsistemas. The
source code and its organization are the exclusive
property of Hostsistemas and the Software is
protected by copyright, including United States Copyright
Law. Except as expressly provided for in this section,
this Agreement does not grant You any rights in the
Software and all rights are reserved by Hostsistemas
Hostsistemas provides this Software “as is”
without warranty of any kind either express or implied,
including but not limited to the implied warranties
or conditions of merchantability or fitness for a
particular purpose.
8. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute
this Agreement on behalf of You hereby represent and
warrant that they have the right, power, legal capacity
and appropriate authority to enter into this Agreement,
and that they own and have not transferred to any
other person or entity any of the rights, claims or
interests that are the subject of this Agreement.
You represent and warrant that You are 18 years of
age or older, or that You have an agent authorized
by law to represent You who is 18 years of age or
older who is entering into this Agreement on Your
behalf. You warrant that each action You make is being
done so in good faith and that You have no knowledge
of it infringing upon or conflicting with the legal
rights of a third party or a third party's trademark
or trade name.
Hostsistemas expressly reserves the right to
deny, cancel or transfer any domain name registration
that it deems necessary, in its discretion, to protect
the integrity and stability of the registry, to comply
with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any
dispute resolution process, or to avoid any liability,
civil or criminal, on the part of Hostsistemas
, as well as its affiliates, subsidiaries, officers,
directors and employees. Hostsistemas also reserves
the right to freeze a domain name during resolution
of a dispute.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL HOSTSISTEMAS BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING
LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER
SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT,
TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES,
EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT
OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY
TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA
OR FILES OR OTHERWISE, EVEN IF HOSTSISTEMAS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion
or limitation on liability for damages as contained
herein. In such states, Hostsistemas liability
is limited to the full extent permitted by law. You
agree that in no event shall Hostsistemas maximum
aggregate liability exceed the total amount paid by
You for the particular Service in dispute purchased
from Hostsistemas.
9. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Hostsistemas
and its contractors, agents, employees, officers,
directors, shareholders, and affiliates from any loss,
liability, damages or expense, including reasonable
attorneys' fees, resulting from any third party claim,
action, proceeding or demand related to Your (including
Your agents affiliates, or anyone using Your account,
software or services with Hostsistemas whether
or not on Your behalf, and whether or not with Your
permission) use of the Services You purchased from Hostsistemas
or Your breach of this Agreement or incorporated agreements
and policies. In addition, You agree to indemnify
and hold Hostsistemas harmless from any loss,
liability, damages or expense, including reasonable
attorneys' fees, arising out of any breach of any
representation or warranty provided herein, any negligence
or willful misconduct by You, or any allegation that
Your account infringes a third person's copyright,
trademark or proprietary or intellectual property
right, or misappropriates a third person's trade secrets.
This indemnification is in addition to any indemnification
required of You elsewhere. Should Hostsistemas
be notified of a pending law suit, or receive notice
of the filing of a law suit, Hostsistemas may
seek a written confirmation from You concerning Your
obligation to indemnify Hostsistemas . Your failure
to provide such a confirmation may be considered a
breach of this agreement. You agree that Hostsistemas
shall have the right to participate in the defense
of any such claim through counsel of its own choosing.
You agree to notify Hostsistemas of any such
claim promptly in writing and to allow Hostsistemas
to control the proceedings. You agree to cooperate
fully with Hostsistemas during such proceedings.
You agree to cooperate fully with Hostsistemas
during such proceedings. You agree You will not be
entitled to a refund of any fees paid to Hostsistemas
if, for any reason, Hostsistemas takes corrective
action with respect to Your improper or illegal use
of its services. You also agree that if Hostsistemas
is notified that a complaint has been filed with a
governmental, administrative or judicial body, regarding
a Traffic Facts account of Yours with Hostsistemas
, that Hostsistemas , in its sole discretion,
may take whatever action Hostsistemas deems necessary
regarding further modification, assignment of and/or
control of your account to comply with the actions
or requirements of the governmental, administrative
or judicial body until such time as the dispute is
settled entered into in the State of Florida. arising
out of this Agreement.
Except for disputes concerning the user of a domain
name registered with Hostsistemas , You agree
that the laws and judicial decisions of Miami City,
Florida, shall be used to determine the validity,
construction, interpretation and legal effect of this
Agreement. You agree that any action relating to or
arising out of this Agreement shall be brought in
the courts of Miami City, Florida. For the adjudication
of disputes concerning the use of any domain name
registered with Hostsistemas , You agree to submit
to jurisdiction and venue in the U.S. District Court
for the District of Florida located in Miami,
Florida.
You agree to waive the right to trial by jury in
any proceeding that takes place relating to or
10. NOTICES.
You agree that all notices (except for notices concerning
breach of this Agreement) from Hostsistemas to You
may be posted on our Web site. Notices concerning
breach will be sent either to the email or postal
address You have on file with Hostsistemas .
In either case, delivery shall be deemed to have been
made five (5) days after the date sent.
Notices from You to Hostsistemas shall be made
either by email, sent to the address provided on the Hostsistemas
Web site, or first class mail to Hostsistemas address
at:
Hostsistemas LLC. 6718 NW 72nd. Ave, SUITE A-2952
, Miami , FL 33166
11. ENTIRE AGREEMENT.
You agree that this Agreement including the policies
and agreements it refers to (i.e. our Dispute Resolution
Policy, etc.) constitute the complete and only Agreement
between You and Hostsistemas regarding the Services
contemplated herein.
12. SEVERABILITY.
You agree that the terms of this Agreement are severable.
If any part of this Agreement is determined to be
unenforceable or invalid, that part of the agreement
will be interpreted in accordance with applicable
law as closely as possible, in line with the original
intention of both parties to the Agreement. The remaining
terms and conditions of the Agreement will remain
in full force and effect will make every effort to
keep its Web site and Services operational. However,
certain technical difficulties and other factors outside
of its control may, from time to time, result in temporary
service interruptions. You agree not to hold Hostsistemas
liable for any of the consequences of such interruptions.
13. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is
intended to confer upon any third party any rights,
remedies, obligations, or liabilities under or by
reason of this Agreement, except as expressly provided
in this Agreement.